State looks at fallout from Preston wetlands case

State Rep. Timothy Bowles, D-Preston, met with state Department of Energy and Environmental Protection Commissioner Daniel Esty on Monday concerning a wetlands lawsuit the town of Preston lost. Both sides described the meeting as productive.

By JAMES MOSHER

The Bulletin

By JAMES MOSHER

Posted Apr. 18, 2013 at 12:01 AM
Updated Apr 18, 2013 at 6:01 PM

By JAMES MOSHER

Posted Apr. 18, 2013 at 12:01 AM
Updated Apr 18, 2013 at 6:01 PM

Preston, Conn.

State Rep. Timothy Bowles, D-Preston, met with state Department of Energy and Environmental Protection Commissioner Daniel Esty on Monday concerning a wetlands lawsuit the town of Preston lost. Both sides described the meeting as productive.

Bowles said he is concerned the Preston Inland and Wetlands Watercourses Commission and similar boards in other towns will be left powerless by the verdict in the case of Kenneth H. Watrous, who built a home on Poquetanuck Cove. Watrous’ suit, filed in 2010, questioned whether the town or the state has jurisdiction over a tidal watercourse like Poquetanuck Cove.

DEEP lawyers and regulators continue to study the case for possible adjustments to existing law, department spokesman Dennis Schain wrote in an email.

“They discussed the decision and the ramifications of it,” Schain wrote in summarizing the meeting on Esty’s behalf. “Rep. Bowles’ point of view will be helpful to us as we continue our assessment of the decision and any potential impacts of it on local wetlands commissioners across the state.”

A nine-person jury in U.S. District Court in New Haven last month ruled against the town, ordering it to pay $6,000 in compensatory damages. First Selectman Robert Congdon, former Inland Wetlands and Watercourses Commission Chairman Kent Borner, and John Moulson, the commission’s current chairman, were held personally liable and each ordered to pay $3,000 in punitive damages. The town’s wetlands officer, Leonard Johnson, was found not liable.

The town’s lawyer in the case, Hartford-based Thomas Gerarde, is considering an appeal, Congdon has said. Gerarde couldn’t be reached for comment on Wednesday.